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We have an employee that works a 12 hour shift. He brought a note from his doctor that says he has permanent restrictions of working only 8 hours a day because of his severe diabetes. Will this fall u
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ADA ACCOMMODATIONS
posted at 5/26/2010 5:37 AM EDT
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Posts: 13
First: 2/18/2009 Last: 9/20/2010 |
We have an employee that works a 12 hour shift. He brought a note from his doctor that says he has permanent restrictions of working only 8 hours a day because of his severe diabetes. Will this fall under ADA accommodations. |
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ADA ACCOMMODATIONS
posted at 5/26/2010 6:49 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Possibly.
Not only should you evaluate the job and the essential functions but you should engage the employees Physician in determining any potential accomodations. The employee would be required to authorize his Physician to do this and any refusal could be adverse to the employee. |
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ADA ACCOMMODATIONS
posted at 5/26/2010 11:26 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I suspect that if you are an FMLA-eligible employer (or state version thereof) that it would also fall under FMLA as a serious medical condition that needs intermittent leave. You can count those 4 hours per shift against his FMLA entitlement and should.
The EEOC has a really good document that talks about ADA and FMLA interaction. http://www.eeoc.gov/policy/docs/fmlaada.html "...Under the ADA, a qualified individual with a disability may work part-time in his/her current position, or occasionally take time off, as a reasonable accommodation if it would not impose an undue hardship on the employer. If (or when) reduced hours create an undue hardship in the current position, the employer must see if there is a vacant, equivalent position for which the employee is qualified and to which the employee can be reassigned without undue hardship while working a reduced schedule. If an equivalent position is not available, the employer must look for a vacant position at a lower level for which the employee is qualified. Continued accommodation is not required if a vacant position at a lower level is also unavailable.24 The ADA does not prohibit an employer and an employee from agreeing on another mutually acceptable accommodation. For example, an employer and employee may agree to a transfer, on either a temporary or a permanent basis, if both parties believe that such a transfer is preferable to accommodating the employee in his/her current position...." |
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ADA ACCOMMODATIONS
posted at 5/30/2010 3:44 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
The issue is the length of the shift. Why do you need someone to work 12 hours straight? the answer to this question is critical. If it is for convenience then you must accomodate.
If you can show that the length of the shift, 12 hours is an "essential job function", you have the right to require that the person provide you with those 12 consecutive hours. |
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ADA ACCOMMODATIONS
posted at 6/1/2010 10:13 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
But the question was WHY do you have 12 hour shifts? Do you have other shifts at other times doing jobs that this employee is capable of doing with accommodation? Are all of your employees on 12 hour shifts?
It isn't so much as what this employee is currently working as whether the employer can make a change to their shifts without "undue hardship". And there is no black and white line. Personally I haven't seen too many employers being able to successfully argue that they couldn't accommodate a change in shifts -- unless it is something like an airline where the shift requires travel, etc. |
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